BILL NUMBER: AB 707	CHAPTERED  09/30/00

	CHAPTER   951
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member House
   (Coauthor:  Assembly Member Robert Pacheco)
   (Coauthors:  Senators Hughes and Polanco)

                        FEBRUARY 24, 1999

   An act to amend Section 88091 of, and to add Section 44265.10 to,
the Education Code, relating to educational employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 707, House.   Educational employees.
   (1) Existing law requires the Commission on Teacher Credentialing
to issue a 2-year services credential with a specialization in pupil
personnel services, solely for the purpose of counseling deaf and
hearing-impaired pupils, to any prelingually deaf candidate, provided
the applicant has met certain requirements.  Existing law exempts
prelingually deaf applicants from the basic skills proficiency test
requirement.
   This bill would specifically make the above provisions applicable
to a prelingual deaf person with a 2-year services credential with a
specialization in pupil personnel services, solely for the purpose of
counseling deaf and hearing-impaired pupils as a school
psychologist.
   (2) Existing law establishes the California Community Colleges
under the administration of the Board of Governors of the California
Community Colleges.  Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law provides procedures for the filling of vacancies in the
classified service of community college districts.
   This bill would authorize the governing board of a community
college district to exempt designated senior classified
administrative employees, as defined, who are hired on or after
January 1, 2001, from these procedures.  The bill would specify
procedures for the filling of vacancies occurring in positions that
are exempted under this bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44265.10 is added to the Education Code, to
read:
   44265.10.  (a) The Commission on Teacher Credentialing shall issue
a two-year services credential with a specialization in pupil
personnel services, solely for the purpose of counseling deaf and
hearing-impaired pupils as a school psychologist, to any prelingually
deaf candidate upon medical or other appropriate professional
verification, provided the candidate has met the minimum requirements
specified in Section 44266.
   (b) An applicant under this section is exempted from the
requirements in Section 44252 and subdivision (b) of Section 44830.
   (c) "Prelingually deaf" means a person who suffered a hearing loss
prior to three years of age that prevents the processing of
linguistic information through hearing, with or without
amplification.
   (d) The services credential issued under this section authorizes
the holder to serve at all grade levels as a school psychologist of
deaf and hearing-impaired pupils who are enrolled in state special
schools or in special classes for pupils with hearing impairments.
  SEC. 2.  Section 88091 of the Education Code is amended to read:
   88091.  (a) All vacancies in the classified service shall be
filled pursuant to this article and the rules of the commission, from
applicants on eligibility lists which, wherever practicable, as
determined by the commission, shall be made up from promotional
examinations, or appointments may be made by means of transfer,
demotion, reinstatement, and reemployment in accordance with the
rules of the commission.  All applicants for promotional examinations
shall have the required amount of service in classes designated by
the commission or meet the minimum qualifications of education,
training, experience, and length of service, which shall be
determined by the commission to be appropriate for the class for
which they have applied.  Any promotional applicant who has served
the required amount of time in a designated class or who meets the
minimum qualifications for admission to a promotional examination
shall be admitted to the examination.  Applicants shall be placed on
the eligibility lists in the order of their relative merit as
determined by competitive examinations.  The final scores of
candidates shall be rounded to the nearest whole percent for all
eligibles.  All eligibles with the same percentage score will be
considered as having the same rank.  Appointments shall be made from
the eligibles having the first three ranks on the list  who are ready
and willing to accept the position.
   (b) (1) Upon the request of a majority of the members of the
governing board of a community college district, the commission may
exempt two executive secretarial positions from the requirements of
this section.  Exemptions authorized under this subdivision shall be
limited to one executive secretary position reporting directly to
members of the governing board, and one executive secretary position
reporting directly to the chancellor.
   (2) Any person employed in an exempt executive secretarial
position shall continue to be afforded all of the rights, benefits,
and burdens of any other classified employee serving in the regular
service of the district, except he or she shall not attain permanent
status in an executive secretarial position.  Positions of executive
secretary shall be filled from an unranked list of eligible employees
who have been found to be qualified for the positions as determined
by the district chancellor or superintendent and determined by the
personnel commission.  Any person whose services in an executive
secretarial position are discontinued for a cause other than a cause
for disciplinary action specified in this code or in a rule of the
commission shall have the right to return to a position in a
classification he or she previously occupied or, if that
classification no longer exists, in a similar classification, as
determined by the commission.  This subdivision shall apply only to
the employees hired on or after January 1, 1988.
   (c) (1) Upon the request of a majority of the members of the
governing board of a community college district, the personnel
commission may exempt designated senior classified administrative
positions from the requirements of this section.  A "senior
classified administrative employee" means a classified employee who
acts as the chief business, fiscal, facilities, or information
technology adviser or administrator for the district chancellor or
superintendent or a college president, as determined by the governing
board and certified by the personnel commission.
   (2) Any person employed in an administrative position exempted
under this subdivision shall continue to be afforded all of the
rights, benefits, and burdens of any other classified employee
serving in the regular service of the district, except that he or she
shall not attain permanent status in that administrative position.
A vacancy in an administrative position that is exempted under this
subdivision shall be filled from an unranked list of eligible persons
who have been found to be qualified for the positions as determined
by the district chancellor or superintendent and the personnel
commission.  Any person whose services in an administrative position
exempted under this subdivision are discontinued for any reason other
than for cause as specified in this code or in a rule of the
personnel commission shall have the right to return to a position in
a classification he or she previously occupied or, if that
classification no longer exists, in a similar classification, as
determined by the commission.
   (3) This subdivision shall apply only to employees hired on or
after January 1, 2001.
   (d) Nothing contained in this section shall authorize the
selection of eligible candidates in circumvention of the affirmative
action programs of any community college district.
